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�'� �����¢,��� 201009783 <br />ASSIGNMENT OF LEASES AND RENTS. As additional sccurity for the payment of the lndebtedness and �he <br />performance of the covenants containcd herein, Grantor hereby assigns and transi'crs over tn I.ender all rents, <br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including <br />any guaranties, cxtensions, amendrnents or renewals thereof, from the use of the Property. So long as Grantor is <br />not in deftlull, Gttuitor may receive, collect and enjoy all Rents accruing from the Property, but not more than one <br />rnnnlh in advance of the due date. L.ender may also reyuire Grantor, tenant and any c�ther user of the Property to <br />make payments of Rents dircctly to Lendcr. �Iowever, by receiving any such paymcnts, I.cnder is not, and shall not <br />be considered, an agent for any party or entity. Any aznounts collected may at L,ender's sole discretion, be applred <br />to protect Lender's interest in the Property, including but n�t limited to ihe paymcnt of taxcs and insurance <br />premiums and to the IndeUtedness. At L,�nder's sole discrction, ar1 r�as�s, subleases and licenses must first be <br />approved by L.ender. <br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by ptivale or <br />pub]ic entities to appropriate the Property or any part thereof, thtaugh condemnatron, eminenC dornain or any othcr <br />actinn. Purther, Lender shall he permrttcd to participatc nr intervenc in any of thc above dcscribed proceedings in <br />any manner it shall at its sole discretion determine. Lender is hereby given .Cu1l power, right and authority to <br />receive and receipt for any and all damages awarded as a result of the full or partial takin� or apprnpriation and in <br />its sole discretinn, Co apply said awards to thc Indebtedness, whcther or not then due or otherwise in accordance <br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the indebtedness <br />shall not extencl or postpone the due date of the payments due under the indebtcdncss or change thc amount of <br />such payrnents. <br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantnr will cxecute and deliver to <br />L.ender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignmenis of leases and <br />rents, security agreements, pledges, financing statements, or such other document as Lendcr rnay rcquire, in <br />L,ender's snle discretion, lo effec;tuate, complete and ic� perfect as well as to cc�ntinuc to preserve the Indebtedness, <br />or thc lien or security intcrest crcatcd hy this Sccurity Instrurncnt. <br />ATTORNEY-IN-FACT. Grantor ��ppoints L.ender as attorney-in-facl on behalf of Grantor. If Grantor fails to <br />fulfill any c�f Grantar's nbligatinns under �his Security Instrurnent or any Rclated Documents, including those <br />obligations mentioned in the preceding paragraph, L.ender as attorney-in-f��ct may fulfill the oblrgalions without <br />noticc to Granior. This power of atCorncy shall not be affectcd by the disability of the Grantor. <br />EVENTS OF DE�AULT. The following events shall constitute default under this Security Instrurnent (each an <br />"Event of Default"): <br />(a) Failurc to make required payments when due under Indebtedness; <br />(h) Failure to perform or keep any of the covenants of this Security lnstrument or a defauli under any of <br />che Related Documents; <br />(c) Thc making of any oral or written statement or assertion to I.ender that is false or mitileading in any <br />material respect by Grantor or any person obligated on the Indebtedness; <br />(d) 'I'he death, dissnlution, insolvency, bankrupCcy c�r receivership procecding of Grantor or of any person <br />or entity obligatcd on thc Indcbtcdncss; <br />(e) Any assignment by Grantor for thc bcncfit of Grantor's crcditors; <br />(t) A material advcrsc changc occurs in the financial condition, ownership or management of Grantor or <br />any person obligated on the Indebtedness; ar <br />(g) Lender deems itself lnsecure for any reason what5�ever. <br />REMEDIES ON DEFAUi.T. Upo❑ the occurrence of an Event of Default, Lcndcr may, without demand or <br />noticc, pay any or all taxes, asscssments, premiums, and liens required to be paid by Gtantor, effect any rnsurancc <br />providcd for hercin, rnake such repairs, cause the abstracts of title or title insurance policy and tax historics of the <br />f'roperty to be certified to date, or procure new abstracts of title or title insurancc and tax histories in case none <br />were furnished to it, and procure title reports covering the Property, including Surveys. The arnounts paid fbr any <br />such putposes will be added to the Indebtedness and will bear inierest at the race nf interest otherwise acctuing on <br />the indebtedness until paid. In thc cvcnt of fbrcclnsure, thc abstracts of title or title insurance shall becorne thc <br />prnperty of Lender. All abstracts of title, title insurance, tax histories, surveys, and other docurnents pertaining to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <br />IN THE EVENT OF THE SAL� OF 7"HTS PROPERTY UNllER THF PROCEDURE FOR FORECLUSURE OF' <br />A SECURITY INSTRUMEN'T' I3Y ADVERTISF,MF,NT, AS PRQVIDED BY APPLICABLE LAW, OR 1N '1"H�; <br />EVENT LENDER EX�RCISFS ITS RIGHTS UNDER TII� ASSIGNMENT OF LEA5ES AND R�N'�'S, THE <br />LENDER SHALL PROVIDE ALL STATUTORI.[.Y RI�QUI}2ED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EX�RCISES ANY OF ITS RIGHTS UNDER THIS <br />INSTRUMENT. <br />Upon the occurrence of an F;veot of I�efault, L.ender rnay, without notice unless required by law, and at its oplion, <br />declare the entire Tndebtedness due and payablc, as it may cicct, regardless of the date ot dates of maturity lhcrcof <br />and, rf permitted by state law, is authorized and empowered to cause the Property to be sold at puhlic auction, and <br />to exccuCc and dcliver to the purchaser or purchasers at such sale any deeds of convcyancc good and sufficient at <br />law, pursuant to the statute in suc:h c<<se made and provided. The Trustee shall apply the proceeds of the Trustee's <br />sale, first, tn lhe costs and cxpcnscs of cxcrcising the power of sale and of the sale, including the payrncnt of the <br />Trustce's fees actually incurred; second, to payment of the obligation secured by thc trust deed; third, to the <br />�:� Z��()4-2�)��) (��f11�/�18fICr tiYS[L`filti, �IIC. �•)4�•5���4 - Z����.�5..�r�5 <br />CommcrciHl Rcal P.sln�c Sccuri� Instrumcnl - I)1A007 1'agu 3 of 5 www.cumplinnccsyslems_cum <br />--.—........._._ ...... . _� . . .. _ ..---..__......_..... . ......... ... <br />t! � Initial�.�'� -- <br />!1 <br />